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Synopsis

I. Perpetual and temporary statute

II. Effect of Section 6 of General Clauses Act:

III. Effect of Expiry of Temporary statutes:

1. Legal Proceedings after expiry of Act:

2. Notifications, appointments, rules, orders, etc.

3. Statute not dead for all purposes:

4. Vested Rights:

5. Repeal by temporary statute:

I. Perpetual and temporary statute

A statute could be Perpetual or temporary

1. Perpetual statute:

A perpetual statute is one for which the duration is not fixed. It is not abrogated by efflux of time or by non-user

2. Temporary statute:

Statutes which expire or come to an end after a specified time are called temporary statute

II. Effect of Section 6 of General Clauses Act:

The provisions of Section 6 of General Clauses Act in relation to effect of repeal do not apply to a temporary Act.

III. Effect of Expiry of Temporary statutes:

1. Legal Proceedings after expiry:

A legislature may enact in a Temporary statute a saving clause. But where there is no provision the normal rule is that the proceedings taken against a person under a Temporary statute terminate, ipso facto, as soon as the statute expires.

2. Notifications, appointments, rules, orders, etc.

NOrmally on expiration or repeal of a temporary statute schemes, bye-laws, notifications, appointments, rules, orders, etc. made or issued come to an end.

3. Statute not dead for all purposes:

Expiry of Temporary statute does not make it dead for all purposes. A person prosecuted for violation of provisions of the temporary act and who has bee sentenced while the temporary act was in force is not released before he serves out his sentence. The same rule is applied even if the temporary act expires before the expiry of the full period of sentence.

4. Vested Rights:

Offences which are punishable under the ordinary laws but tried by special courts being connected with the offences under the expired Act, could still be tried by ordinary courts without the necessity of a de novo trial. (Bhaskar v. State [1999])

5. Repeal by temporary statute:

The Privy Council held in Gooderham and Worts Ltd. v. Canadian Broadcasting Corpn. that the repeal effected by the temporary legislation was only a temporary repeal.

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